Skip to Content

Florida Appeals Court Decisions: Week of November 30 - December 4, 2020

U.S. Eleventh Circuit Court of Appeals

Lucoff v. Navient Solutions - TCPA, express consent for calls
USA v. Green - RICO, search and seizure, peremptory, evidence, sentencing
USA v. Bobal - criminal, motion for new trial, restriction on computer use
Alfaro-Garcia v. USA - immigration, removal
M&C v. Oppenheim - class action, fiduciary duties, damages
USA v. Johnson - domestic-violence misdemeanant, firearm possession
USA v. Campbell - order granting rehearing en banc, vacating this decision
Nance v. Ga DOC - postconviction relief
USA v. Watkins - search and seizure, inevitable discovery
Keohane v. Fla DOC - order denying rehearing en banc
R&R v. Banco Do Brasil - Foreign Sovereign Immunities Act
Erickson v. First Advantage - FCRA, evidence

Florida Supreme Court - Tallahassee

Hojan v. State - capital case, direct appeal
In re Fla R App P - amended rules
In re Add’l Judges - additional judges
In re Fla R App P - amended rules

First District Court of Appeal - Tallahassee

TH v. DCF - dependency
Ford v. State - circumstantial evidence, murder; “and/or” instruction
DOT v. Tropical Trailer Leasing - injunction, highway tolls; class allegations, striking
Lutz v. Panetta - restrictive covenants
FWC v. King - employment, USERRA, sovereign immunity
Falduto v. Lewis - rule 1.420, voluntary dismissal
Palazzi v. State - certiorari, immunity
Williams v. State - pro se sanctions
Jordan v. State - postconviction relief
Williams v. State - murder, evidence; motion for election
Fitzsimmons v. State - child hearsay, sexual battery
Wainwright v. State - pro se petitions, represented party
Brown v. State - untimely appeal

Second District Court of Appeal - Lakeland

Alvarado-Contreras v. State - impeachment, bias
Forman v. State - sentencing
Timke v. State - probation revocation
Thomas v. Thomas - unpaid rent, findings
York v. State - sentencing
Crowder v. State - public defender fee, unpreserved error
Ludwigsen v. Ludwigsen - certiorari, psychological exam

Third District Court of Appeal - Miami

Belson v. Miller - rule 1.150, sham pleadings
Sablotsky v. Gonzalez-Hernandez - prevailing party fees
Energy Smart v. Millennium CA - failure to prosecute, sham pleading
Galleon Bay v. Monroe Cnty - inverse condemnation
Kachkar v. US Bank - foreclosure sale, resetting, intervention
BJ’s v. Bugliaro - arbitration, trial court jurisdiction pending appeal
Wahnon v. Coral & Stones - certiorari, civil contempt
Aquino v. State - postconviction relief
Williamson v. Prime Sports Mktg - personal jurisdiction, Zion
GR v. APD - disabilities, Medicare waiver program
Delgado v. Miller - certiorari, free speech, parenting
Rodriguez v. Falcones - default judgment, rule 1.540, findings
Evans v. State - postconviction relief
Shir Law Grp v. Carnevale - prohibition, judicial disqualification
Tuoza v. Citizens - appellate jurisdiction
Owens v. State - prohibition, motion to dismiss information
Clarington v. State - prohibition, remote hearing, Covid-19
Britt v. Inch - habeas corpus
VME Grp v. Grand CA - prohibition, judicial disqualification

Fourth District Court of Appeal - West Palm Beach

Shivers v. State - sentencing
Escobar v. State - counsel fees
Lubitz v. Schenden - charging lien
State v. Stevenson - felony THC possession
CSC Serviceworks v. Boca Bayou Condo Assn - wrongful eviction, res judicata
McKenzie v. State - probation revocation
Williams v. State - postconviction relief
Caballero v. State - habeas corpus, DNA evidence
Rodriguez v. State - subpoena, medical records

Fifth District Court of Appeal - Daytona Beach

Francis v. State - attempted manslaughter, officer; warrantless entry, instruction
Howitt v. State - leaving scene, accident; sobriety test refusal, DUI
Botto v. State - postconviction relief, ineffective assistance  
Jones v. Najera - stalking injunction
Torruella v. Nationstar Mortgage - attorney’s fees, lack of personal jurisdiction
Hughley v. State - drug trafficking, preservation
Baxley Manor v. Brevard Housing Auth - injunction, zoning; judgment on pleadings
Thompson v. Johnson - summary judgment; life insurance, subjective intent
Shawl v. State - drug possession, constructive possession
Kemp v. State - postconviction relief
US Bank v. Forsyth - foreclosure complaint, verification, Rule 1.115(e)
Hawkins v. State - Spencer warning, pro se
Zalloum v.  Bank of NY - foreclosure, confession of error
Velez v. LaFontaine - prohibition, objective standard, legal rulings

Related Practices
Appellate & Trial Support
©2024 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.